Legal Definitions - operative clause

An operative clause is a section or provision of a legal document or instrument that is not just a recital or preamble. It is the part of the document that contains the actual instructions or actions to be taken.

• Enacting Clause: The part of a statute that states the legislative authority by which it is made and often the date when it will take effect. For example, "Be it enacted that..."
• Resolving Clause: The clause that introduces a resolution's operative text, usually beginning with "Resolved, That...". It is comparable to a statute's enacting clause.

For instance, in a resolution, the resolving clause would state the action to be taken, such as "Resolved, That the city council approves the construction of a new park in the downtown area." The operative clause is the part that follows, which would contain the specific details and instructions for carrying out the construction of the park.

Overall, the operative clause is the essential part of a legal document that contains the actual instructions or actions to be taken, while the enacting or resolving clause provides the authority or introduction to the document.